Tag Archives: Donald Trump

Lessons From POTUS 2016: Around the Bonfire of the GOP

I hate POTUS 2016.

I hate all the candidates who aren’t libertarians.

I hate the voters continuing to lend their support to the authoritarian politics of the two major parties.

Most of all, I hate the endless raving about a possible Trump candidacy.

Trump Isn’t the Problem. His Supporters Are. An ocean of words has been written about Donald Trump’s detestable politics and undiagnosed personality disorders. Every one of those words is true. He is a sleazy multi-level marketer with a cheap spray tan and a bad comb-over; a low functioning bully with the attention span of a second-grader, whose first policy instinct will always be authoritarianism and who lacks even the most basic conceptions of constitutional governance, separation of powers and individual freedom.

If nominated, he will, without one shred of doubt, lose the general election to Hillary Clinton.

Nonetheless, anyone who thinks the GOP establishment can do much to stop this slow motion train wreck misunderstands the nature of government.

Government is not the party elite, big money donors, or the politicians in Washington. Government is us. We the people. The voters (and non-voters) who put and keep those politicians in office. Ourselves, our neighbors, our friends, family and co-workers.

The establishment cannot fight Trump because he is not the target. His supporters are.

How has endlessly pointing out how racist, xenophobic and stupid they are worked thus far?

Squeezing out other candidates won’t force any voters to shift their support to an establishment pick. As Trump himself discerns, with his trademark narcissistic clarity (but his detractors somehow miss), those supporters might just as well shift to Trump. And squeezing him out won’t force any of them to turn out for some other, better, more respectable, nominee in the general.

Therein lies the rub.

Trump’s candidacy reveals something ugly and festering on the American right, something with the potential to do nuclear-level damage to the GOP’s credibility with everyone from moderates, independents and swing voters to Christians and mainstream Republicans.

On the other hand, if the party squeezes him out—whether through an onslaught of establishment attacks or a brokered convention—it risks alienating his pissed off contingency of Republican voters.

At a time when voters are fleeing the major parties in droves, the GOP is between a rock and a hard place. A Trump candidacy might be fatal, but so might the loss of his fans. To move forward without them, the party would need to replace its Trump-wing with a new supply of liberty voters.

There’s a lesson in the numbers, for a party willing to make hard choices, and it’s not the only one of the 2016 cycle.

Identity Politics Has Failed, and Pandering Is an Antiquated Campaign Strategy. Women are not breaking for Clinton. Evangelicals are not breaking for Cruz. Hispanics are not breaking for Cruz/Rubio.

It turns out those demographics, like all the others, are not stereotypic representatives of monolithic groups, but individuals with political concerns that transcend gender, heritage and religion. Candidates who ignore this modern reality will continue to be confused about why Evangelicals and Hispanics are voting for Trump—and continue suffering backlashes for their insulting rhetorical devices (like the importance of beginning each day on one’s knees or special places in hell for free-thinking women).

Money Does Not Buy Elections. There’s some evidence money buys politicians and pundits. But Trump’s candidacy annihilates the myth that an entrenched two-party system, dripping in advertising wealth, subliminally messages clueless voters into supporting the status quo.

Neither establishment donors nor the politicians themselves are in control this election cycle. Jeb Bush, Chris Christie and their respective Super PACs paid through the nose to perform poorly in the early voting states. Trump, on the other hand, without the support of any Super PAC, is paying minimally to outperform expectations.

That Trump is a phenomenon unto himself might explain why it costs him so little to win. It does not explain why Bush and Christie have paid so dearly to lose.

What does explain it is that rebellious primary voters are not beholden to any amount of campaign advertising, political spending, establishment credibility or ideological purity.

The GOP Might Not Survive the Trump Campaign, But the Country Undoubtedly Will. Trump is a monarchist who wants to use the office of President to crown himself king and savior, while cutting through the red tape for his next casino parking lot. Unfortunately, all too many people—including plenty of Republicans—are ready to go along with the cult of an imperial presidency.

Notwithstanding that problematic trend, we still have Congress, the Constitution, and the limits on presidential power set forth in Article II.

That might not be true if Ted Cruz got his way and turned SCOTUS into just another political branch of government. Party loyalists desperate to stop Trump may not understand how dangerous that is.

Scalia did.

As a libertarian, I have never enjoyed an election cycle in which the viable candidates were anything but clowns. For me, 2016 is just par for the course. The rest of the electorate is now feeling the way I always do.

Maybe now is a good time to ponder what they’re so desperately trying to save.

Unless It Can Reinvent Itself, the GOP May Not Be Worth Saving. I suspect my political aims are vastly different from those of most Trump supporters. I nevertheless also suspect we have similar reactions to the prediction that he is going to destroy the GOP and/or conservative movement:

Are we supposed to conclude that’s a bug…or a feature?

Amid all the handwringing about the wreckage that will be left in the wake of Trump’s candidacy, precious little is devoted to convincing voters there’s anything worth saving.

Remind me again, what is the point of the GOP?

muh roadsIt’s clearly not to restrain spending. Once they obtained control of both houses of Congress, Republicans drove a stake through the Budget Control Act, broke budget caps, suspended the debt ceiling and doc-fixed Medicare to the tune of $500 billion. Along the way, they extended No Child Left Behind, passed a $305 billion highway bill (muh roads!), and reauthorized Ex-Im.

They ended last year with a $1.8 trillion omnibus spending bill.

Senator Marco Rubio did not even show up to vote.

If they aren’t going to rein in the scope of government, cut spending, and balance the budget, what do we have Republicans for again, exactly?

I’ll grant them abortion. That’s one. What else? Carpet-bombing and traditional marriage?

This is me yawning.

If the GOP wants voters like me to come to its rescue, it’s going to have to start selling something we want to buy. It will need to cut lose the growing horde of populist authoritarians, the seedy underbelly of racists and xenophobes venturing from their closets, and the dying remnants of traditional marriage zealots. It will need to replenish its base instead with the growing numbers of liberty-minded voters currently spread out across the two major parties, a few third parties, and the sizable ranks of swing-voting independents.

It will need to unite its disparate factions around common principles of limited government and apply those principles consistently across social, economic and national security issues.

And it will need to convince us that this time it means it.

Sarah Baker is a libertarian, attorney and writer. She lives in Montana with her daughter and a house full of pets.

Sorry, Donald. Cruz and Rubio are BOTH Eligible for President

If I had a dollar for every time I heard someone say that Ted Cruz and Marco Rubio are ineligible to run for president because they are not “natural-born citizens,” I would have more money than the recent $1.5 Billion Powerball winners. Donald Trump is wrong. The Constitution and case law are clear. Both Ted Cruz and Marco Rubio are natural-born citizens, and therefore eligible to run for president.

Article II, Section 1 of the Constitution makes it clear that only a natural-born citizen, who is at least 35 years old, is eligible to be president:

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States.

So are Ted Cruz and Marco Rubio natural-born citizens under the Constitution? The answer is yes. While the Constitution does not define natural-born, statutes and the common law, dating back to pre-colonial English common law have addressed and settled this issue.

Ted Cruz is a Natural-Born U.S. Citizen

Ted Cruz was born December 22, 1970 in Calgary, Alberta, Canada. His father, Rafael Cruz, was born in Cuba and his mother, Eleanor Wilson, was born in Wilmington, Delaware. The family relocated to Texas in 1974.

Most legal scholars agree that a natural-born citizen is one who does not need to go through the naturalization process. The Naturalization Act of 1790 addresses the issue of children born outside our borders to American citizens:

[T]he children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens:  Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States:  Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.

Many birthers, such as Ann Coulter, make the argument that at the time the Naturalization Act of 1790 was passed, citizenship only passed through the father, requiring that the father must be a U.S. Citizen. While this is true, they hold the false belief that the Constitution has not been amended to change this. At the time of the signing of the Act, women also could not own property without her husband. Since it is not mentioned or amended in the Constitution, I hope that Coulter is prepared to forfeit her property she owns on her own since that is her interpretation of the Constitution. But I digress. Furthermore, the definition of a natural-born citizen was later codified at 8 U.S.C. 1401(d). It reads in pertinent part:

The following shall be nationals and citizens of the United States at birth:

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

Since Ted Cruz’s mother is a natural-born citizen, Ted Cruz is also a natural born citizen. It does not matter that he was born in Canada. The Supreme Court has also answered this question. In Rogers v. Bellei, 401 U.S. 815 (1971), the Court held that the federal government may revoke the citizenship of a natural-born citizen if certain requirements were not met. In this case, Aldo Mario Bellei was born in Italy to an American mother and an Italian father. Mr. Bellei held both Italian and U.S. citizenship.

While the primary issue reviewed in Bellei was not on the definition of a natural-born citizen, the Court first had to determine that Mr. Bellei was a natural-born citizen. Upon determining that Mr. Bellei was a natural-born U.S. citizen, the Court held that the federal government may set a condition subsequent on citizenship for those born outside the United States. Specifically, the government may revoke the citizenship of natural-born citizens born outside the United States when citizens do not establish domicile within the United States by age 23 and remain for at least five (5) years. See Immigration and Naturalization Act of 1952 sec. 311.

In the case of Ted Cruz, he moved to the United States at the age of three (3) years old and has maintained domicile in the United States since then. Therefore, he is a natural-born citizen of the United States and eligible to run for and serve as President of the United States.

Marco Rubio is a Natural-Born U.S. Citizen

Presidential candidate, Donald Trump recently stated that he is unsure that Marco Rubio is eligible to run for president. The case for Rubio’s citizenship is more clear-cut than the case for Cruz. Marco Rubio was born on May 28, 1971 in Miami, FL. His parents came to the United States in 1956. At the time of Rubio’s birth, his parents were Permanent Residents of the United States. This means that his parents were here legally with their “green cards.” Federal law is clear that those born on U.S. soil and subject to the jurisdiction of the United States are natural-born citizens. 8 U.S.C. 1401(a) reads in pertinent part:

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States, and subject to the jurisdiction thereof.
Of course, the 14th Amendment sec. 1 provides that:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
(emphasis added)
Since Marco Rubio was born on American soil (last time I checked, Miami is still American soil), and he is subject to the jurisdiction of the United States, he is clearly a natural-born citizen.
The Supreme Court has also ruled on this. In U.S. v. Wong Kim Ark, 169 U.S. 649 (1898), the Court held that a child born on U.S. soil to permanent residents of the United States is a natural-born citizen by virtue of the 14th Amendment. Justice Horace Gray, citing to U.S. v. Rhodes (1866), stated in his majority opinion that:
All persons born in the allegiance of the King are natural-born subjects, and all persons born in the allegiance of the United States are natural-born citizens. Birth and allegiance go together. Such is the rule of the common law, and it is the common law of this country, as well as of England. . . .
Wong Kim Ark, 169 U.S. at 662. (emphasis added)
Conclusion
The fact that Donald Trump and other birthers would raise questions as to the eligibility of either Ted Cruz or Marco Rubio to run for president is absolutely absurd. Any litigation of these issues is frivolous and a waste of taxpayer money. It is this lawyer’s belief that anyone who brings such a frivolous suit should be sanctioned and responsible for government attorney fees. Enough is enough. It is time to put the birther argument to rest.

Albert is a licensed attorney and holds a J.D. from Barry University School of Law as well as an MBA and BA in Political Science from The University of Central Florida. He is a conservative libertarian and his interests include judicial politics, criminal procedure, and elections. He has one son named Albert and a black lab puppy named Lincoln. In his spare time, he plays and coaches soccer.

Want To Bring Jobs Back To America? Cut Taxes And Regulations

Originally published at The New Minutemen.

Demagogues like Donald Trump and Bernie Sanders are campaigning based on the promise to bring jobs back to America. Both blame others (Trump blames foreigners and Sanders blames the rich) for the plight of the middle class. Like many demagogues before them, both men are drawing much support.

However, neither demagogue points out the real reason why companies won’t bring jobs back to America. The country’s tax and regulatory structure is internationally uncompetitive and strangling of small businesses.

The U.S. income tax code is complicated and is harming economic growth. It is in dire need of reform, especially since it is what most small businesses pay. We need to move away from using it to punish financial success or for social engineering and simply use it to collect revenue. It needs to be easy to understand, with few deductions, and fair.

The corporate tax code is even more of a disaster. The U.S. has the second highest rate in the world at 40% (35% Federal rate + average of states.) Our economic competitors have corporate rates that are much lower. If given a choice, corporations are going to head overseas because the tax costs are much lower.

What America needs is tax and regulatory reform, not cheap demagoguery. What I propose is simple, reduce corporate and income tax rates down to 17% and make it flat. The first $5,000 is taxed 17% so that everyone will have the skin in the game. After that, the next $5,001-$55,000 is tax-free. Then every penny over $55,000 is taxed 17%.

Not just taxes need to be addressed, but also regulations. Thankfully, there’s already a piece of legislation already designed to help on that front. The REINS Act needs to be passed into law. This would require Congress to vote on each proposed regulation that has an economic impact of $100 million or more.

If we fix America’s tax and regulatory code, the jobs will come back because it will be less expensive for companies to do business in America. That goes for both big and small businesses.

But you won’t hear this from the demagogues Trump and Sanders because both men are big government statists. To get America moving, let’s stop listening to these two and shrink the size of government. Only then will companies bring jobs back to America.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.

How Donald Trump Has Destroyed The Republican Party

The Republican Party is dead in its current form. The coalition of classical liberals, country club business types; and since Reagan religious conservatives, neocons, and populists, has been irrevocably broken. The man who gave it its final coup de grace is a toupeed billionaire blowhard named Donald Trump.

Trump has run a campaign that more resembles the National Front of France than anything else that has been in American politics for decades. Ben Domenech at The Federalist says that Trump could transform the GOP into a party based on identity politics for white guys. He’s right and it’s terrible for the country.

Over the next few months, even if Trump fails to win the Republican nomination, three parts of the old Republican party coalition: classical liberals (whether they self-identify as conservative, Constitutionalist, or libertarian), religious conservatives, and the country clubbers; will have to decide if they can be a part of a Trump-influenced party. Trump’s xenophobic populism is anti-free market and anti-Christian.

Let’s first examine how we got here. Since the Cold War ended, the Republican coalition lost a sense of purpose. It briefly got it back in the 1990s with the Contract With America, but the election of George W. Bush in 2000 knocked the party off track. The party that believed in limited government spent more than LBJ. The party that was once skeptical of foreign interventions launched a war of choice in Iraq. The party that claimed federalism as a principle expanded the role of Washington in everything from education to gay marriage. With the failures of the Iraq War and an economic crash on the minds of Amerians, Democrats were able to easily take control of the entire Federal government.

In the Obama era, we’ve seen even more Federal government intrusions in everything from the food we eat to religious freedom. The Tea Party was inspired as a backlash against the intrusive Federal government of both the Obama and Bush eras. Meanwhile, some Republicans saw it as an opportunity to rebrand from the disasterous Bush era. Still much of the opposition to Obama took on an ugly racial overtone that was a prelude to the current culture war.

Which brings us to the end of the prequel of this terrible tale. The country has erupted in a cultural cold war. The left, which is now fully embracing cultural Marxism, is pushing the politics of racial and cultural grievance. They’re not only content to defeat what they see is white, conservative privilege but they also want to shoot the wounded survivors of the battle. We see this with Christian wedding businesses who refuse to service gay weddings for example. Much of the reason why people support Trump is because they want to take part in a backlash against the uber-PC, cultural Marxist crowd. They see a Republican Party and conservative movement that is not defending their freedom and not fufulling their campaign promises. They’re angry and they’re going to Trump because “he fights.”

But when you delve into the substance of Trumpism, it’s fascism. Classical liberals will not go along with it. Religious conservatives are more interesting. There is definitely an age divide. Older religious conservatives may go along with Trump, but I have a hard time believing younger ones will. Polls show that younger evangelical Christians are more politically tolerant, even if they’re still socially conservative. As the Southern Baptist Convention’s Russell Moore points out, there’s not a lot of evangelical support for Trump. Finally, I have a hard time believing my neocon and country club friends will buy into a man who wants to retreat America from the world.

What could this anti-Trump coalition look like? An anti-statist movement that rejects nationalism, but still believes in a strong America playing a leading role in the world. History shows that a liberal democratic society can only exist if it is protected by a great power. It will be unapologetially for free markets, anti-crony capitalist, and a realistic approach on immigration. It will be federalist in nature returning as much power as possible from Washington D.C. and to states, communities, and individuals.

Whether this anti-Trump coalition will be a new political party or built upon the ruins of the Republican Party is yet to be determined. Who could be attracted to it are classical liberals, non-statist religious conservatives, some neocons who can see limits on American power but still want America to play an active role in the world, and many others who were previously not a part of the Republican Party such as independents, moderates, and perhaps some of the old left.

I think that Trump will kill the Republican Party as we know it, but in its place could be something that could be bad for American politics or it could be the birth of a new classical liberal movement. Only time will tell which one will it be.

 

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.

The Donald Gets Butthurt from “Not Nice” Questions

Donald Trump’s response to Megyn Kelly’s tough questions during the first 2016 GOP debate (the main event) was quite revealing. “I’ve been very nice to you, although I could probably not be based on the way you have treated me. But I wouldn’t do that,” Trump complained during the debate. Following the debate, Trump whined of Kelly’s questions “The questions to me were not nice.”

Quick, someone call the whaaambulance! The Donald’s fragile feelings have been hurt.

This reminds me of one particular passage in John Stossel’s book Give Me A Break in which Trump complained about Stossel’s tough questioning regarding an eminent domain case Trump was involved in (more on that here). According to Stossel, Trump scolded his producer “Nobody talks to me that way!”

Nobody talks to me that way?

Is this what we want in a president? Someone who surrounds himself by people who “don’t talk to him that way”? A cabinet full of yes men and women?

Furthermore, he is running for the highest office in the land. When you throw your hat into the ring, you better be prepared to be talked to that way. You are going to be asked questions that are “not nice.” This is especially true for the person who is the front runner.

All of this from someone who calls his opponents “idiots” and “morons” among other things.

Here’s a clip of the exchange between Megyn Kelly and Donald Trump.

Were these questions “unfair” or was this a case of a journalist actually doing her job?

I would argue it’s the latter.

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